§ 12-58. Notice of impoundment of abandoned motor vehicle.

(a)

When information exists sufficient to permit notice of impoundment of abandoned motor vehicles, watercraft, or outboard motor to the owner and lien holder, notice shall be given by mail to the last known registered owner and lien holder as follows:

(1)

The city secretary shall send notice of abandonment to each registered owner and lien holder showing of record pursuant to the Certificate of Title Act, Chapt. 501, Tex. Trans. Code, or, as applicable, Chapt. 31, Parks and Wildlife Code.

(2)

Such notice shall be given within ten (10) days after the date the motor vehicle, watercraft or outboard motor is taken into custody, or the date the city secretary receives a report of abandonment.

(3)

The notice shall be by certified mail, return receipt requested, specifying the year, make, model and identification number of the item, set forth the location of the facility where the item is being held, inform the owner and any lien holder of the right to reclaim the item not later than the twenthieth day after the date of the notice on payment of all towing, preservation, storage and/or garage keeper charges.

(4)

The notice shall state that the failure of the owner or lien holder(s) to exercise the right to reclaim the item within the time provided in subsection (3) shall be deemed a waiver of all right, title, and interest in the item and their consent to the sale of the item at a public auction.

(b)

If the identity of the last registered owner cannot be determined, if the registration contains no address for the owner, or if it is impossible to determine with reasonable certainty the identity and addresses of all lienholders, notice by one publication in a newspaper of general circulation in the city shall be made within ten (10) days from the date the item was taken into custody, or from the date the report of abandonment was received. The published notice shall be sufficient if it contains the information otherwise required to be included in the notice by mail. A list of motor vehicles, watercraft or outboard motors may be included in the same publication.

(Ord. No. 2006-19, § 3, 11-13-2006)